DCIT, NEW DELHI vs. M/S ORIENT OVERSEAS PVT.LTD.,, DELHI
In the result, the appeal is dismissed
ITA 1552/DEL/2013[1996-97]Status: DisposedITAT Delhi09 Aug 2016AY 1996-97
Bench: Shri H.S. Sidhu & Shri Anadi N. Mishraa.Y. : 2008-09 Dcit, Circle 8(1), M/S Orient Overseas Pvt. Ltd. Plot No. 9, 1St Floor, Sagar New Delhi Vs. Room No. 163, Cr Building, Centre, Gujrawalan Town, Ip Estate, New Delhi Delhi – 110 009 (Pan:Aaaco00036B) (Appellant) (Respondent)
For Appellant: Sh. Rakesh Gupta, Adv. & Sh. SomilFor Respondent: Sh. UC Dubey, Sr. DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)
…an by actual delivery or transfer of the commodity means a contract settled before a breach takes place. If there is a settlement after the 12 breach, it is a case of settling the quantum of damages. 6.7 In the case of CIT vs. Indian Commercial Co. (P) Ltd. 106 ITR 465 (Born), the assessee-company entered into an agreement with HSL for purchasing 250 metric tons of Hot Pressed Naphthalene, f.o.b., Calcutta. Under clause III, delivery of the goods was to be so arranged that the entire quantity would be shipped from Calcutta before 30-9-1961. Under clause V, it was provided that a letter of credit was to be…